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The Regulation of Investigatory Powers (Criminal Conduct Authorisations) (Amendment) Order 2021

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Amendments to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

This section has no associated Explanatory Memorandum

4.—(1) The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010(1) is amended as follows.

(2) In article 3 (prescribed offices, ranks and position with relevant public authorities), at the end of paragraph (2)(aa) omit “and” and insert—

(ab)column (2) of Part 1B of the Schedule (being offices, ranks and positions with the relevant public authorities which are listed in relation to such entries in column (1) of that Part and which are relevant public authorities for the purposes of section 29B of the Act), and.

(3) For article 4(2) (additional offices, ranks and positions prescribed for urgent cases), substitute—

(2) An individual holding an office, rank or position which is listed in an entry in column (3) of the Schedule may only grant an authorisation—

(a)for the purposes of section 28 or 29 of the Act in the case of an entry in Part 1 of the Schedule;

(b)for the purposes of section 29 or 29B in the case of an entry in Part 1A of the Schedule;

(c)for the purposes of section 29B only in the case of an entry in Part 1B; or

(d)for the purposes of section 28 only in the case of an entry in Part 2,

where is it not reasonably practicable, having regard to the urgency of the case, for the application for an authorisation to be considered by an individual with the same relevant public authority holding an office, rank or position which is listed in column (2) of the Schedule..

(4) In article 5 (restrictions on the granting of authorisations)—

(a)in paragraph (1), after “column (2) or (3)” insert “of Parts 1, 1A and 2”;

(b)after paragraph (1), insert—

(1A) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Part 1A of the Schedule may not grant an authorisation under section 29B unless that individual believes it is necessary for any of the grounds set out in the corresponding entry in column (5) of that Part.

(1B) An individual holding an office, rank or position which is listed in an entry in column (2) or (3) of Part 1B of the Schedule may not grant an authorisation under section 29B unless that individual believes it is necessary for any of the grounds set out in section 29B(5) of the Act which are listed in the corresponding entry in column (4) of that Part.;

(c)in paragraph (2)—

(i)in sub-paragraph (aa)—

(aa)after “29(3)” insert “or 29B(5)”;

(bb)omit “or” at the end of the sub-paragraph;

(ii)after sub-paragraph (aa), insert—

(ab)section 29B(5) of the Act in the case of an entry in Part 1B, or.

(5) In article 8 (restrictions on granting of authorisations apply to more senior offices etc.), for “28 and 29” substitute “28, 29 and 29B”.

(6) In Part 1 of the Schedule (offices etc. and restrictions in respect of public authorities specified in Part 1 of Schedule 1 to the Act)—

(a)in the entry for the Police Service of Northern Ireland, column (3), for “Inspector” substitute “Superintendent”;

(b)in the entry for the Ministry of Justice—

(i)for both entries in column (2), substitute “A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service”;

(ii)for both entries in column (3), substitute “A civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service”;

(c)in the entry for the Environment Agency, omit “Area Director or”;

(d)in the entry for the Food Standards Agency—

(i)for each entry in column (2) substitute “Grade 6 Deputy Head of the National Food Crime Unit or Head of Litigation in the Legal Department”;

(ii)for each entry in column (3), substitute—

Section 28 authorisation
Grade 7 Head of Intelligence or Head of Investigations in the National Food Crime Unit
Section 29 authorisation
Grade 7 Head of Intelligence or Head of Investigations in the National Food Crime Unit.

(7) For the table in Part 1A of the Schedule, substitute the following table—

(1)

Relevant public authorities

(2)

Prescribed offices etc

(3)

Urgent Cases

(4)

Grounds set out in section 29(3) of the Act

(5)

Grounds set out in section 29B(5) of the Act

A police force maintained under section 2 of the Police Act 1996(2)

Relevant Source Authorisation

Assistant Chief Constable

Long Term Authorisation

Chief Constable

SuperintendentParagraphs (a), (b), (c), (d) and (e)Paragraphs (a), (b) and (c)
The City of London Police Force

Relevant Source Authorisation

Commander

Long Term Authorisation

Commissioner

SuperintendentParagraphs (a), (b), (c), (d) and (e)Paragraphs (a), (b) and (c)
The Metropolitan Police Force

Relevant Source Authorisation

Commander

Long Term Authorisation

Assistant Commissioner

SuperintendentParagraphs (a), (b), (c), (d) and (e)Paragraphs (a), (b) and (c)
The Police Service of Northern Ireland

Relevant Source Authorisation

Assistant Chief Constable

Long Term Authorisation

Chief Constable

SuperintendentParagraphs (a), (b), (c), (d) and (e)Paragraphs (a), (b) and (c)
The Police Service of Scotland

Relevant Source Authorisation

Assistant Chief Constable

Long Term Authorisation

Chief Constable

SuperintendentParagraphs (a), (b), (c), (d) and (e)Paragraphs (a) and (c)
The Ministry of Defence Police

Relevant Source Authorisation

Assistant Chief Constable

Long Term Authorisation

Chief Constable

SuperintendentParagraphs (a), (b) and (c)Paragraphs (a), (b) and (c)
The Royal Navy Police

Relevant Source Authorisation

Commander

Long Term Authorisation

Provost Marshal (Navy)

Lieutenant CommanderParagraphs (a), (b) and (c)Paragraphs (a), (b) and (c)
The Royal Military Police

Relevant Source Authorisation

Colonel

Long Term Authorisation

Provost Marshal (Army)

MajorParagraphs (a), (b) and (c)Paragraphs (a), (b) and (c)
The Royal Air Force Police

Relevant Source Authorisation

Wing Commander

Long Term Authorisation

Provost Marshal (Royal Air Force)

Squadron LeaderParagraphs (a), (b) and (c)Paragraphs (a), (b) and (c)
The British Transport Police

Relevant Source Authorisation

Assistant Chief Constable

Long Term Authorisation

Chief Constable

SuperintendentParagraphs (a), (b), (c), (d) and (e)Paragraphs (a), (b) and (c)
The National Crime Agency

Relevant Source Authorisation

Deputy Director

Long Term Authorisation

Deputy Director General

Grade 2 Senior ManagerParagraph (b)Paragraph (b)
Her Majesty’s Revenue and Customs

Relevant Source Authorisation

Assistant Director

Long Term Authorisation

Director Criminal Investigation

Senior OfficerParagraphs (a), (b), (d), (e) and (f)Paragraphs (a) and (b)
The Home Office

Relevant Source Authorisation

Senior Civil Service pay band 1 with responsibility for criminal investigations in relation to immigration and border security

Long Term Authorisation

Director General with responsibility for criminal investigations in relation to immigration and border security

Grade 6 with responsibility for criminal investigations in relation to immigration and border securityParagraphs (b), (c) and (d)Paragraphs (b) and (c).

(8) After Part 1A of the Schedule, insert—

PART 1B

Offices etc and Restrictions in Respect of Public Authorities Specified in Part A1 of Schedule 1 to the Act

(1)

Relevant public authorities

(2)

Prescribed Offices etc

(3)

Urgent cases

(4)

Grounds set out in section 29B(5)

A police force maintained under section 2 of the Police Act 1996SuperintendentInspectorParagraphs (a), (b) and (c)
The Metropolitan police forceSuperintendentInspectorParagraphs (a), (b) and (c)
The City of London police forceSuperintendentInspectorParagraphs (a), (b) and (c)
The Police Service of Scotland(3)SuperintendentInspectorParagraphs (a) and (c)
The Police Service of Northern IrelandSuperintendentSuperintendentParagraphs (a), (b) and (c)
The Ministry of Defence PoliceSuperintendentInspectorParagraphs (a), (b) and (c)
The Royal Navy PoliceCommanderLieutenant CommanderParagraphs (a), (b) and (c)
The Royal Military PoliceLieutenant ColonelMajorParagraphs (a), (b) and (c)
The Royal Air Force PoliceWing CommanderSquadron LeaderParagraphs (a), (b) and (c)
The British Transport PoliceSuperintendentInspectorParagraphs (a), (b) and (c)
The National Crime AgencySenior Manager (Grade 2)Principal Officer (Grade 3)Paragraph (b)
The Security ServiceGeneral Duties 3 or any other Officer at Level 3Paragraphs (a), (b) and (c)
The Secret Intelligence ServiceGrade 6 or equivalentParagraphs (a), (b) and (c)
The Government Communications HeadquartersGC8Paragraphs (a), (b) and (c)
The Royal NavyCommanderLieutenant CommanderParagraphs (a), (b) and (c)
The ArmyLieutenant ColonelMajorParagraphs (a), (b) and (c)
The Royal Air ForceWing CommanderSquadron LeaderParagraphs (a), (b) and (c)
Her Majesty’s Revenue and CustomsSenior OfficerHigher OfficerParagraphs (a) and (b)
The Department of Health and Social CareGrade 6 in the Medicines and Healthcare Products Regulatory AuthorityGrade 7 in the Medicines and Healthcare Products Regulatory AuthorityParagraph (b)
The Home OfficeImmigration Inspector or Senior Officer with responsibility for immigration and border security investigations and functionsChief Immigration Officer or Higher Officer with responsibility for immigration and border security investigations and functionsParagraphs (b) and (c)
The Ministry of JusticeA civil servant at Band 8 or above of Her Majesty’s Prison and Probation ServiceA civil servant at Band 8 or above of Her Majesty’s Prison and Probation Service

Paragraph (b)

The Competition and Markets AuthorityAny member of the Senior Civil Service with responsibility for cartels or criminal enforcementGrade 6 in the Cartels and Criminal Enforcement GroupParagraphs (b) and (c)
The Environment AgencyDeputy Director National Enforcement Service or equivalent Deputy DirectorParagraph (b)
The Financial Conduct AuthorityA Head of Department in the Enforcement and Financial Crime DivisionA Manager in the Enforcement and Financial Crime DivisionParagraph (b)
The Food Standards AgencyGrade 6 Deputy Head of the National Food Crime Unit or Head of Litigation in the Legal DepartmentGrade 7 Head of Intelligence or Head of Investigations in the National Food Crime UnitParagraph (b)
The Gambling CommissionSenior ManagerParagraph (b)
The Serious Fraud OfficeGrade 6Paragraph (b)
(1)

S.I. 2010/521. Article 2(aa) was inserted by S.I. 2013/2788; article 4(2) was amended by S.I. 2012/1500 and by S.I. 2013/2788; article 5 was amended by S.I. 2013/2788; and Part 1A of the Schedule was inserted by S.I. 2013/2788.

(2)

1996 c. 16. Section 2 was amended by section 99 of, and paragraphs 1 and 4 (1) to (3) of Part 1 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011.

(3)

Only provision relating to reserved matters is made for the Police Service of Scotland because the changes made by the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 to the Regulation of Investigatory Powers Act 2000 only relate to reserved matters, within the meaning of the Scotland Act 1998 (c. 46).

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